|
<br />Submittable Customer Terms of Service
<br />v1.4
<br /> Page 2 of 28
<br />account by selecting access credentials for Customer and its Authorized Users. Customer and its
<br />Authorized Users shall create platform logins and provide Submittable with certain registration information,
<br />all of which must be accurate and updated as appropriate and comply with Submittable’s registration
<br />policies then in effect. The Order Form sets forth Fees for designated levels of usage, Authorized Users,
<br />number of seats, number of submissions, and the like (each a “Services Allocation”). Customer may not
<br />exceed any Services Allocation.
<br />3.2. Documentation License. Submittable hereby grants to Customer a non-exclusive, non-sublicensable, non-
<br />transferable license to use the Documentation during the Term solely in connection with Customer’s use of
<br />the Services.
<br />3.3. Use Restrictions. Customer shall not use the Services for any purposes beyond the scope of the access
<br />granted in this TOS and the terms and conditions of the Order Form. Customer shall not at any time, directly
<br />or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of
<br />the Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign,
<br />distribute, publish, transfer, or otherwise make available the Services or Documentation; (iii) reverse
<br />engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any
<br />software component of the Services, in whole or in part; (iv) remove a ny proprietary notices from the
<br />Services or Documentation; (v) use the Services or Documentation in any manner or for any purpose that
<br />infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person,
<br />or that violates any applicable law; (vi) bypass or breach any security device or protection used by the
<br />Services or access or use the Services other than by an Authorized User through the use of their own then-
<br />valid access credentials; (vii) input, upload, transmit, or otherwise provide to or through the Services any
<br />information or materials that are unlawful or injurious, or contain, transmit, or activate any harmful code; or
<br />(viii) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner
<br />the Services.
<br />3.4. Suspension or Termination. Submittable may suspend, terminate, or otherwise deny Customer’s, any
<br />Authorized User’s, or any other person’s access to or use of all or any part of the Services without incurring
<br />any resulting obligation or liability, if: (i) Submittable receives a judicial or other governmental demand or
<br />order, subpoena, or law enforcement request that expressly or by reasonable implication requires
<br />Submittable to do so; or (ii) (1) Customer or any Authorized User has failed to comply with any term of this
<br />TOS or the Order Form, provided Submittable has provided Customer prior written notice and provided a
<br />reasonable opportunity to cure; or (2) Customer or any Authorized User is, has been, or is likely to be
<br />involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the
<br />Services (subclauses (i) or (ii) a “Services Suspension”). This Section does not limit any of Submittable’s
<br />other rights or remedies, whether at law, in equity, or under this TOS. Submittable shall resume providing
<br />access to the Services as soon as reasonably possible after the event giving rise to the Services
<br />Suspension is cured, if curable.
<br />3.5. Submission Fees. Customer may not solicit credit/debit card information from End Users in any way other
<br />than utilizing Submittable’s built-in payment processing interface, including, but not limited to, the creation
<br />of custom form field entries. Customer will be charged Submittable’s expenses in processing such fees.
<br />Provided Customer is in breach of its payment obligations under this TOS, Submittable shall retain the fees
<br />received from an End User as an offset unless and until Customer becomes current on its payment
<br />obligations.
<br />3.6. End User Entries. Customer agrees to act in good faith to uphold Customer’s policies and the promises
<br />made to End Users in connection with the Services. Where applicable, this requires that Customer act in
<br />good faith to review submissions, make awards, and refund fees where appropriate. Custo mer is solely
<br />responsible for the performance of Customer’s policies and promises to End Users.
<br />3.7. Unethical Behavior. Customer may confidentially report unethical behavior concerning the use of the
<br />Services by contacting Submittable at: phone: (855) 467 -8264, ext. 2; email: support@submittable.com;
<br />mail: P.O. Box 8255, Missoula, Montana 59807.
<br />3.8. Professional Services. Provided Customer has purchased additional professional services from
<br />Submittable (“Professional Services”) the terms of such services, including additional terms related to
<br />Fees and/or payment terms are set forth in a separate statement of work which is incorporated here by
<br />reference. If the Professional Services involve Submittable’s management of distributing Customer funds
<br />to recipients of such funds, Exhibit D shall be in effect, and each Party shall abide by its obligations.
<br />DocuSign Envelope ID: 367666E5-0A49-40C9-BFB5-74D495BAB8F1
|